Terms of Service

TERMS OF SERVICE AGREEMENTPLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BYACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BEBOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT ISTHE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMERTO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IFYOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THENPLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OFSERVICE AGREEMENT IS EFFECTIVE AS OF 06/27/2017.ACCEPTANCE OF TERMSThe following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall governthe relationship with our users and others which may interact or interface with Orange County Distillery,also known as OCD, located at 19 Maloney Lane, Goshen, New York 10924 and our subsidiaries andaffiliates, in association with the use of the OCD website, which includes www.orangecountydistillery.com,(the "Site") and its Services, which shall be defined below.DESCRIPTION OF WEBSITE SERVICES OFFEREDThe Site is a news and information website which has the following description:Any and all visitors to our site shall be deemed as "users" of the herein contained Services provided for thepurpose of this TOS.The user acknowledges and agrees that the Services provided and made available through our website andapplications, which may include some mobile applications and that those applications may be madeavailable on various social media networking sites and numerous other platforms and downloadableprograms, are the sole property of Orange County Distillery. At its discretion, Orange County Distillerymay offer additional website Services and/or products, or update, modify or revise any current content andServices, and this Agreement shall apply to any and all additional Services and/or products and any and allupdated, modified or revised Services unless otherwise stipulated. Orange County Distillery does herebyreserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, asthe end user acknowledge, accept and agree that Orange County Dis􀀡llery shall not be held liable for any suchupdates, modifica􀀡ons, revisions, suspensions or discon􀀡nuance of any of our Services and/or products. Yourcon􀀡nued use of the Services provided, a􀀥er such pos􀀡ng of any updates, changes, and/or modifica􀀡ons shallcons􀀡tute your acceptance of such updates, changes and/or modifica􀀡ons, and as such, frequent review of thisAgreement and any and all applicable terms and policies should be made by you to ensure you are aware of allterms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you muststop using the provided Services forthwith.Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided "AS IS"and as such Orange County Dis􀀡llery shall not assume any responsibility or obliga􀀡on for the 􀀡meliness, misseddelivery, deletion and/or any failure to store user content, communication or personalization settings.PRIVACY POLICYEvery member's registration data and various other personal information are strictly protected by theOrange County Distillery Online Privacy Policy (see the full Privacy Policy athttp://orangecountydistillery.com/privacy-notice). As a member, you herein consent to the collection anduse of the information provided, including the transfer of information within the United States and/or othercountries for storage, processing or use by Orange County Distillery and/or our subsidiaries and affiliates.CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCEDue to the global nature of the internet, through the use of our network you hereby agree to comply with alllocal rules relating to online conduct and that which is considered acceptable Content. Uploading, postingand/or transferring of software, technology and other technical data may be subject to the export and importlaws of the United States and possibly other countries. Through the use of our network, you thus agree tocomply with all applicable export and import laws, statutes and regulations, including, but not limited to,the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as thesanctions control program of the United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:a) are not on the list of prohibited individuals which may be identified on any government exportexclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member ofany other government which may be part of an export-prohibited country identified in applicableexport and import laws and regulations;b) agree not to transfer any software, technology or any other technical data through the use of ournetwork Services to any export-prohibited country;c) agree not to use our website network Services for any military, nuclear, missile, chemical orbiological weaponry end uses that would be a violation of the U.S. export laws; andd) agree not to post, transfer nor upload any software, technology or any other technical data whichwould be in violation of the U.S. or other applicable export and/or import laws.CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICESOrange County Distillery shall not lay claim to ownership of any content submitted by any visitor or user,nor make such content available for inclusion on our website Services. Therefore, you hereby grant andallow for Orange County Distillery the below listed worldwide, royalty-free and non-exclusive licenses, asapplicable:a) The content submitted or made available for inclusion on the publicly accessible areas of OrangeCounty Distillery's sites, the license provided to permit to use, distribute, reproduce, modify, adapt,publicly perform and/or publicly display said Content on our network Services is for the solepurpose of providing and promoting the specific area to which this content was placed and/or madeavailable for viewing. This license shall be available so long as you are a member of Orange CountyDistillery's sites, and shall terminate at such time when you elect to discontinue your membership.b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publiclyaccessible areas of Orange County Distillery's sites, the license provided to permit to use, distribute,reproduce, modify, adapt, publicly perform and/or publicly display said Content on our networkServices are for the sole purpose of providing and promoting the specific area in which this contentwas placed and/or made available for viewing. This license shall be available so long as you are amember of Orange County Distillery's sites and shall terminate at such time when you elect todiscontinue your membership.c) For any other content submitted or made available for inclusion on the publicly accessible areas ofOrange County Distillery's sites, the continuous, binding and completely sub-licensable licensewhich is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publiclyperform and/or publicly display said content, whether in whole or in part, and the incorporation ofany such Content into other works in any arrangement or medium current used or later developed.Those areas which may be deemed "publicly accessible" areas of Orange County Distillery's sites are thosesuch areas of our network properties which are meant to be available to the general public, and whichwould include message boards and groups that are openly available to users.CONTRIBUTIONS TO COMPANY WEBSITEOrange County Distillery provides an area for our users to contribute feedback to our website. When yousubmit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge andagree that:a) your contributions do not contain any type of confidential or proprietary information;b) OCD shall not be liable or under any obligation to ensure or maintain confidentiality, expressed orimplied, related to any Contributions;c) OCD shall be entitled to make use of and/or disclose any such Contributions in any such manner asthey may see fit;d) the contributor's Contributions shall automatically become the sole property of OCD; ande) OCD is under no obligation to either compensate or provide any form of reimbursement in anymanner or nature.INDEMNITYAll users herein agree to insure and hold Orange County Distillery, our subsidiaries, affiliates, agents,employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which mayinclude, but is not limited to, reasonable attorney fees made by any third party which may arise from anycontent a user of our site may submit, post, modify, transmit or otherwise make available through ourServices, the use of OCD Services or your connection with these Services, your violations of the Terms ofService and/or your violation of any such rights of another person.COMMERCIAL REUSE OF SERVICESThe user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercialreason any part, use of, or access to OCD's sites.MODIFICATIONSOrange County Distillery shall reserve the right at any time it may deem fit, to modify, alter and ordiscontinue, whether temporarily or permanently, our service, or any part thereof, with or without priornotice. In addition, we shall not be held liable to you or to any third party for any such alteration,modification, suspension and/or discontinuance of our Services, or any part thereof.ADVERTISERSAny correspondence or business dealings with, or the participation in any promotions of, advertisers locatedon or through our Services, which may include the payment and/or delivery of such related goods and/orServices, and any such other term, condition, warranty and/or representation associated with such dealings,are and shall be solely between you and any such advertiser. Moreover, you herein agree that OrangeCounty Distillery shall not be held responsible or liable for any loss or damage of any nature or mannerincurred as a direct result of any such dealings or as a result of the presence of such advertisers on ourwebsite.LINKSEither Orange County Distillery or any third parties may provide links to other websites and/or resources.Thus, you acknowledge and agree that we are not responsible for the availability of any such external sitesor resources, and as such, we do not endorse nor are we responsible or liable for any content, products,advertising or any other materials, on or available from such third party sites or resources. Furthermore, youacknowledge and agree that Orange County Distillery shall not be responsible or liable, directly orindirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or inconnection with the use of or the reliance on any such content, goods or Services made available on orthrough any such site or resource.PROPRIETARY RIGHTSYou do hereby acknowledge and agree that Orange County Distillery's Services and any essential softwarethat may be used in connection with our Services ("Software") shall contain proprietary and confidentialmaterial that is protected by applicable intellectual property rights and other laws. Furthermore, you hereinacknowledge and agree that any Content which may be contained in any advertisements or informationpresented by and through our Services or by advertisers is protected by copyrights, trademarks, patents orother proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable lawor as authorized by Orange County Distillery or such applicable licensor, you agree not to alter, modify,lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic workswhich are based on Orange County Distillery Services (e.g. Content or Software), in whole or part.Orange County Distillery herein has granted you personal, non-transferable and non-exclusive rights and/orlicense to make use of the object code or our Software on a single computer, as long as you do not, and shallnot, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer,reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense,grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you doherein agree not to alter or change the Software in any manner, nature or form, and as such, not to use anymodified versions of the Software, including and without limitation, for the purpose of obtainingunauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Servicesthrough any means other than through the interface which is provided by Orange County Distillery for usein accessing our Services.WARRANTY DISCLAIMERSYOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:a) THE USE OF ORANGE COUNTY DISTILLERY SERVICES AND SOFTWARE ARE AT THESOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN"AS IS" AND/OR "AS AVAILABLE" BASIS. ORANGE COUNTY DISTILLERY AND OURSUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS ANDLICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KINDWHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANYIMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE AND NON-INFRINGEMENT.b) ORANGE COUNTY DISTILLERY AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES,AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i)ORANGE COUNTY DISTILLERY SERVICES OR SOFTWARE WILL MEET YOURREQUIREMENTS; (ii) ORANGE COUNTY DISTILLERY SERVICES OR SOFTWARE SHALLBE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTSWHICH MAY BE OBTAINED FROM THE USE OF THE ORANGE COUNTY DISTILLERYSERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANYPRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BEPURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILLMEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THESOFTWARE SHALL BE CORRECTED.c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BYWAY OF ORANGE COUNTY DISTILLERY SERVICES OR SOFTWARE SHALL BEACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALLBE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS ANDCAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/ORINTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OFDATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATIONOR MATERIAL.d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THATMAY BE OBTAINED BY YOU FROM ORANGE COUNTY DISTILLERY OR BY WAY OF ORFROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOTEXPRESSLY STATED IN THE TOS.e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OFEPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS ORBACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILEUSING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLYUNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVESHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONEYOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASECONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMSWHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLETWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARYMOVEMENT, OR CONVULSIONS.LIMITATION OF LIABILITYYOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT ORANGE COUNTYDISTILLERY AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE,INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OFANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVENTHOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAYOCCUR, AND RESULT FROM:a) THE USE OR INABILITY TO USE OUR SERVICE;b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA;d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.RELEASEIn the event you have a dispute, you agree to release Orange County Distillery (and its officers, directors,employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) fromclaims, demands and damages (actual and consequential) of every kind and nature, known and unknown,suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to suchdispute.SPECIAL ADMONITION RELATED TO FINANCIAL MATTERSShould you intend to create or to join any service, receive or request any such news, messages, alerts orother information from our Services concerning companies, stock quotes, investments or securities, pleasereview the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for thisparticular type of information, the phrase "Let the investor beware" is appropriate. Orange CountyDistillery's content is provided primarily for informational purposes, and no content that shall be providedor included in our Services is intended for trading or investing purposes. Orange County Distillery and ourlicensors shall not be responsible or liable for the accuracy, usefulness or availability of any informationtransmitted and/or made available by way of our Services, and shall not be responsible or liable for anytrading and/or investment decisions based on any such information.EXCLUSION AND LIMITATIONSTHERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAINWARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL ORCONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OFSECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TOYOU.THIRD PARTY BENEFICIARIESYou herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that thereshall be no third-party beneficiaries to this agreement.NOTICEOrange County Distillery may furnish you with notices, including those with regards to any changes to theTOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on ourwebsite Services, or other reasonable means currently known or any which may be herein after developed.Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in anunauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to havereceived any and all notices that would have been delivered had you accessed our Services in an authorizedmanner.TRADEMARK INFORMATIONYou herein acknowledge, understand and agree that all of the Orange County Distillery trademarks,copyright, trade name, service marks, and other Orange County Distillery logos and any brand features,and/or product and service names are trademarks and as such, are and shall remain the property of OrangeCounty Distillery. You herein agree not to display and/or use in any manner the Orange County Distillerylogo or marks without obtaining Orange County Distillery's prior written consent.COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE& PROCEDURESOrange County Distillery will always respect the intellectual property of others, and we ask that all of ourusers do the same. With regards to appropriate circumstances and at its sole discretion, Orange CountyDistillery may disable and/or terminate the accounts of any user who violates our TOS and/or infringes therights of others. If you feel that your work has been duplicated in such a way that would constitutecopyright infringement, or if you believe your intellectual property rights have been otherwise violated, youshould provide to us the following information:a) The electronic or the physical signature of the individual that is authorized on behalf of the owner ofthe copyright or other intellectual property interest;b) A description of the copyrighted work or other intellectual property that you believe has beeninfringed upon;c) A description of the location of the site which you allege has been infringing upon your work;d) Your physical address, telephone number, and email address;e) A statement, in which you state that the alleged and disputed use of your work is not authorized bythe copyright owner, its agents or the law;f) And finally, a statement, made under penalty of perjury, that the aforementioned information in yournotice is truthful and accurate, and that you are the copyright or intellectual property owner,representative or agent authorized to act on the copyright or intellectual property owner's behalf.T h e Orange County Distillery Agent for notice of claims of copyright or other intellectual propertyinfringement can be contacted as follows:Mailing Address:Orange County DistilleryAttn: Copyright Agent19 Maloney LaneGoshen, New York 10924Telephone: 8456512929Email: info@orangecountydistillery.comCLOSED CAPTIONINGBE IT KNOWN, that Orange County Distillery complies with all applicable Federal CommunicationsCommission rules and regulations regarding the closed captioning of video content. For more information,please visit our website at www.orangecountydistillery.com.GENERAL INFORMATIONENTIRE AGREEMENTThis TOS constitutes the entire agreement between you and Orange County Distillery and shall govern theuse of our Services, superseding any prior version of this TOS between you and us with respect to OrangeCounty Distillery Services. You may also be subject to additional terms and conditions that may applywhen you use or purchase certain other Orange County Distillery Services, affiliate Services, third-partycontent or third-party software.CHOICE OF LAW AND FORUMIt is at the mutual agreement of both you and Orange County Distillery with regard to the TOS that therelationship between the parties shall be governed by the laws of the state of New York without regard toits conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of orrelating to the TOS, or the relationship between you and Orange County Distillery, shall be filed within thecourts having jurisdiction within the County of Orange, New York or the U.S. District Court located in saidstate. You and Orange County Distillery agree to submit to the jurisdiction of the courts as previouslymentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by suchcourts and to venue in such courts.WAIVER AND SEVERABILITY OF TERMSAt any time, should Orange County Distillery fail to exercise or enforce any right or provision of the TOS,such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found bya court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavorto give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOSremain in full force and effect.STATUTE OF LIMITATIONSYou acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim oraction arising out of or related to the use of our Services or the TOS must be filed within 3 year(s) after saidclaim or cause of action arose or shall be forever barred.VIOLATIONSPlease report any and all violations of this TOS to Orange County Distillery as follows:Mailing Address:Orange County Distillery19 Maloney LaneGoshen, New York 10924Telephone: 8456512929Email: info@orangecountydistillery.com